Jones v. Wetzel et al

Filing 15

ORDER: In accordance w/MEMORANDUM filed as separate docket entry ECF No. 14, IT IS ORDERED: Dfts' unopposed 11 Motion to Dismiss is PARTIALLY GRANTED; Jones' damage claims brought against the individual Defendants in their official cap acities are DISMISSED as being barred by the Eleventh Amendment; Superintendent Wetzel, Chief Grievance Officer Varner, Superintendent Bickell, Captains Walters and Harris are GRANTED entry of dismissal on the basis of lack of personal involvement; Defendant Showalter's request for dismissal on the basis of lack of personal involvement and the request to dismiss the excessive force claims are DENIED; Dismissal is GRANTED with respect to Plaintiffs claims of denial of personal hygiene produ cts, and conspiracy; Plaintiff's ADA and negligence claims are sua sponte DISMISSED; The excessive force claims against Defendants Showalter, Long, Fogle, Cherry, Boal and Nelson will proceed. Signed by Honorable Matthew W. Brann on 1/27/14. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
MARCELLUS A. JONES,
Plaintiff
v.
JOHN WETZEL, ET AL.,
Defendants

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CIVIL NO. 4:CV-13-1400
(Judge Brann)

ORDER
January 27, 2014
In accordance with the accompanying Memorandum, IT IS HEREBY
ORDERED THAT:
1.

Defendants’ unopposed motion to dismiss (Doc. 11) is
PARTIALLY GRANTED.

2.

Jones’ damage claims brought against the individual
Defendants in their official capacities are DISMISSED as
being barred by the Eleventh Amendment.

3.

Superintendent Wetzel, Chief Grievance Officer Varner,
Superintendent Bickell, Captains Walters and Harris are
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GRANTED entry of dismissal on the basis of lack of personal
involvement.
4.

Defendant Showalter’s request for dismissal on the basis of
lack of personal involvement and the request to dismiss the
excessive force claims are DENIED.

5.

Dismissal is GRANTED with respect to Plaintiff’s claims of
denial of personal hygiene products, and conspiracy.

6.

Plaintiff’s ADA and negligence claims are sua sponte
DISMISSED.

7.

The excessive force claims against Defendants Showalter,
Long, Fogle, Cherry, Boal and Nelson will proceed.

BY THE COURT:
s/Matthew W. Brann
Matthew W. Brann
United States District Judge

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